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Education & Training > Course Programs > Law > Aviation Regulations

Course Program - Aviation Regulations

Textbooks and Legal Encyclopedias: Textbooks / Legal Encyclopedias
Finding Journal Articles: AGIS Plus Text / Finding Journals in the Law Library
Finding Cases: CaseBase / Finding Cases in the Law Library / AustLII / Citing Cases
Finding Legislation: TimeBase / AustLII / Citing Legislation
Further Help: Internet Links / Contact Details

Textbooks

A good starting point for researching a topic is a textbook. Some that are relevant to your subject are:

Ardagh, A, Administrative law
L/KM300/A11/4-4B

Katzen, H, Administrative law
L/KM300/K3/1-1C (1 copy in Law Reserve)

Keyzer, P, Legal problem solving : a guide for law students
L/KL155/K1/2-2A (1 copy in Law Reserve)

To find further titles, search the Library Resources Database (the catalogue).

Legal Encyclopedias

Legal encyclopedias such as The Laws of Australia are also useful in providing an introduction or overview of a particular area of the law. The Laws of Australia is held in print in Law Reserve and is also available online via Complete Legal Research System. It is divided into separate "titles" or chapters. These can be browsed by:

  • Logon to Sirius,
  • Choose Law from the Select Subject Area drop-down menu and click on Go,
  • Click on the red arrow next to Complete Legal Research System,
  • Click on the folder icon next to Research to the left of the screen,
  • Click on folder next to The Laws of Australia, then scroll down to title 32 Transport,
  • Click on the folder icon next to Transport to reveal the aviation section,
  • Open the aviation chapter and continue to open the folders until you come to the text that covers the section you are interested in (see below).
Browsing "The Laws of Australia"
Browsing the table of contents in The Laws of Australia



Finding Journal Articles

AGIS Plus Text

Journal articles provide information that is generally more specific than that covered in textbooks or legal encyclopedias. They are also a source of very recent information on a subject. This section covers AGIS Plus Text, as it is the main database for references to articles on Australian law. It provides limited fulltext for articles published from 1999 onwards.

To search AGIS:

  • Logon to Sirius,
  • Choose Law from the Select Subject Area drop-down menu and click on Go,
  • Click on the red arrow next to AGIS Plus Text,
  • Enter your search terms in the textbox using and to connect terms, or quotation marks ("") to search for a phrase (see bellow).
Searching AGIS
A search AGIS using the and connector and * truncation symbol.

You may also wish to search for articles that deal with a specific piece of legislation or case. To do this, search for the title of the Act or case name as a phrase. For example:

  • "Civil Aviation Act"
  • "Airservices Australia v Canadian Airlines International Ltd"

Finding Journals in the Law Library

Once you have found references to relevant articles, the next step will be to find the text of those articles. Some may be available online on AGIS Plus Text but for others you will need to find the print version using the Library's catatlogue (the Library Resources Database).

To find journal titles, follow these steps:

  • type the journal title into the search textbox,
  • select Title from the Search in dropdown menu,
  • select Yes for Words adjacent,
  • select Serials from the Limit by Material type dropdown list,
  • Click on Find.
Searching the catalogue for a journal title
Searching the catalogue for the Australian Journal of Administrative Law.

From the results screen, click on the title of your journal to display the full record. This contains the call number for your journal (the number on that helps you locate the title on the Library's shelves).



Finding Cases

CaseBase

CaseBase is an online case citator which allows you to search for information on cases. To access CaseBase, log on to Sirius and search for CaseBase under Resource Name Keyword.

Searching by Case Name

You can find a case where you only have the names of the parties to a case. Find Aussie Airlines Pty Ltd v Australian Airlines Ltd (No2) using the following instructions;

  • Select Cases from the Group to search dropdown menu,
  • Type keywords from the case name into the Primary case or article name textbox and click on Search.
Searching CaseBase
Searching for a case where Aussie Airlines are one of the parties.

Searching for a case by topic

To search for a case on the cancellation of a pilot's licence by the Administrative Appeals Tribunal;

  • type in pilot* and licence in the Catchwords / Digest textbox,
  • select Administrative Appeals Tribunal from the Court list,
  • click on Search.
Searching for case by subject
Searching for cases by subject.


Finding Cases in the Law Library

A CaseBase record contains the name of the case, followed by one or more citations of where the case has been reported. If the citation appears as hypertext, it will link to the full text of the case online.

Where there is no link to the full text, you need to find out the full name of the law report series (from the citation) and where those reports are shelved in the Library. To find (1996) 67 FCR 451, you would find out what "FCR" stands for using the Law Reports and Abbreviations Database.

  • type the abbreviation into the Abbreviation Search text box and click on Search,
  • note the call number (location) of the law report series to find it on the shelf,
  • once you have located your law report series, use the volume and page number from the citation to find your case (i.e. 67 and 451).

Finding Cases on AustLII

While the Law Library recommends using CaseBase, AustLII is useful in providing fulltext decisions free via the web. Decisions are arranged by jurisdiction and court, although you can also search across all courts and jurisdictions.

The following example shows how to find a case from the Administrative Appeals Tribunal.

  • under Cases & Legislation, click on Commonwealth,
  • click on Administrative Appeals Tribunal Decisions,
  • click on Case Name Search,
  • type in McBain and aviation and click on Search.
Case name searching on AustLII
Searching for a case with McBain and aviation as title keywords.


Citing Cases

It is vital to use accepted standards when citing cases. The following examples show you how to cite cases in your written work.

Royal Victorian Aero Club v Commonwealth (1954) 92 CLR 236, 240

Royal Victorian Aero Club v Commonwealth = parties involved (in italics)
1954 = year of publication or date of judgment
92 = volume
CLR = abbreviation for report series (Commonwealth Law Reports in this example)
236 = page number
240 = pinpoint citation (this is used when you wish to refer to a particular page of a decision)



Finding Legislation

TimeBase

As part or your studies you may be required to find a copy of an Act or regulation. While these are published in print, it is often easier to access them online in full text. The following example shows how to find Commonwealth Acts on TimeBase.

To find Acts regarding aviation:

  • Logon to Sirius,
  • Choose Law from the Select Subject Area drop-down menu and click on Go,
  • Click on the red arrow next to TimeBase to open the database,
  • mouse-over Legislation with Caselink and click on Commonwealth,
  • select Search from the top of the screen,
  • click on the in the title of an Act, Regulation or Case Link within the database radio button,
  • type aviation into the text box,
  • under Limit search to tick the Acts checkbox,
  • click on Go,
  • click on Display hits in the Table of Contents view and + to view the results.
Searching TimeBase
The results for a search on Acts with aviation in the title.


Legislation on AustLII

While the Law Library recommends using TimeBase for legislation while you are studying at UNSW, AustLII is a useful, free source of full text Australian legislation.

For a list of Commonwealth Acts and regulations with aviation in the title:

  • go to AustLII,
  • select Advanced Search,
  • select this legislation name from the Find dropdown menu,
  • type aviation into the textbox,
  • select the Commonwealth: Consolidate Acts and Commonwealth: Consolidated Regulations databases to search,
  • click on Search.
Legislation on AustLII
Searching for Acts with aviation in the title on AustLII.


Citing Legislation

When citing an Act it is necessary to include the following:

  • the short title of the Act (in italics),
  • the year the Act was passed,
  • the jurisdiction, enclosed in round brackets.
For Australian Acts the following abbreviations may be used: Cth, ACT, NSW, NT, Qld, SA, Tas, Vic and WA. You may also refer to a specific section of the Act. Section is abbreviated to "s", followed by a space and then the section number. Sections is abbreviated to "ss".

For example:
Airports Act 1996 (Cth) s 63



Internet Links

The following sites provide useful information on aviation regulations.

Administrative Appeals Tribunal
The AAT reviews the decisions of Commonwealth government bodies, such as CASA. Recent decisions are listed on their web site.

AustLII
A joint facility of the UNSW and UTS Law Faculties, AutLII contains cases and legislation from both the states and the Commonwealth. This is a free service.

Civil Aviation Safety Authority (CASA)
"CASA's primary function is to conduct the safety regulation of civil air operations in Australia and the operation of Australian aircraft overseas. It is also required to provide comprehensive safety education and training programs, cooperate with the Australian Transport Safety Bureau, and administer the Civil Aviation (Carriers' Liability) Act 1959."

Guide to Legal Research Materials (UNSW Library)
A guide to the major legal research tools. Cover both print an online resources available from UNSW Library.



Contact Details

Further information and resources are available from the UNSW Law Library homepage.

UNSW Law Library is also happy to receive any queries by email.